GOVERNMENT OF KHYBER PAKHTUNKHWA vs AMJAD UR RAHMAN appointment — 2024 PLC(CS) 554 SUPREME-COURT

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GOVERNMENT OF KHYBER PAKHTUNKHWA VS AMJAD UR RAHMAN appointment---Candidate on top of merit list not selected on the grounds that he was over qualified for the post advertised---Propriety---Frivolous litigation initiated by the Provincial Government---Petitioners had advertised in the year 2018 for the selection of two computer teachers in basic pay scale of 12 and had prescribed the minimum qualification as Intermediate with one year diploma in computer sciences---Respondent held a B.Sc. and M.Sc. degree in computer science and came on the top of the merit list but still was not appointed for the reason that he was over-qualified---Held, that it appeared that those in charge of educating the children of the province were bereft of common sense by disqualifying a person who was more qualified and thus better placed to impart computer science education and favoured one less qualified---Not only the respondent was made to suffer but the children, who would have benefited from his knowledge, were condemned---Leave to appeal was declined and the petition was dismissed with costs incurred by the respondent, that is two hundred thousand rupees to be paid to the respondent---Supreme Court directed that judgment regarding appointment of respondent will also be implemented, and if it is not complied with, the Provincial Secretary, Elementary and Secondary Education, may be proceeded against for contempt of Court, and that copy of present order be sent to the petitioners and the respondents, to the advocate General, Provincial Chief Secretary and Secretary Law who will undoubtedly ensure that the government does not generate such unnecessary litigation and then, for no valid legal reason, challenge the decisions of the High Court which also drains the resources of the government, paid for by the taxpayers.

GOVERNMENT OF KHYBER PAKHTUNKHWA vs AMJAD UR RAHMAN appointment — 2024 PLC(CS) 554 SUPREME-COURT

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